HomeMy WebLinkAboutOrdinance No. 0888City of'Medina, Washington
Ordinance No. 888
AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON
LOWERING THE SEPA FLEXIBLE EXEMPTION THRESHOLDS
FOR MINOR NEW CONSTRUCTION PROJECTS
WHEREAS, pursuant to the Growth Management Act (GMA), chapter 36.70A
RCW, the City of Medina is a "fully planning" city within King County; and
WHEREAS, the City Council approved Ordinance No. 658 on July 12, 19993
adopting as the City's "Agency SEPA Policies" the Washington State Department of
Ecology's Model Ordinance set forth in Chapter 173-806 WAC and codified as Chapter
18.04 in the Medina Municipal Code; and
WHEREAS, the Model Ordinance set forth in Chapter 173-806 WAC adopts by
reference the Categorical Exemptions set forth in WAC 197-11-800; and
WHEREAS, the Washington State Legislature passed SB 6406 (Laws of 2012,
1st Special Session, Chapter 1), effective July 10, 2012, which provided:
"Until the completion of the rule making required under this section, a city
or county may apply the highest categorical exemption levels authorized
under WAC 197-11-800 to any action, regardless if the city or county with
jurisdiction has exercised its authority to raise the exemption levels above
the established minimums, unless the city or county with jurisdiction
passes an ordinance or resolution that lowers the exemption levels to a
level below the allowed maximum but not less than the default minimum
levels detailed in WAC 197-11-800."
WHEREAS, the City is being advised to apply the highest categorical exemption
levels authorizes by WAC 197-11-800, unless the City Council adopts the lower level
categorical exemptions; and
WHEREAS, the City Council wishes to re -adopt the lower categorical exemptions
set forth in WAG 197-11-800; and
WHEREAS, pursuant to WAC 197-11-800(19), the adoption of Agency SEPA
Procedures are exempt from a State Environmental Policy Act threshold Determination.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. Amendment of SEPA Categorical Exemptions. Section 18.04.010 of
the Medina Municipal Code is amended to read as follows:
A. Pursuant to Chapter 43.21 C RCW, this chapter is hereby amended and readopted
as set forth below, as the environmental procedures for the city of Medina. Any and
all administrative implementing rules now in effect regarding environmental
procedures that have been adopted pursuant to King County Code Chapter 2.98,
1 of 3
Rules of County Agencies, are hereby adopted by reference. In addition, the city of
Medina may adopt additional administrative rules to implement these procedures.
1. Adoption — Optional Sections. The model ordinance, except as may be otherwise
modified by this chapter, and not including the optional portions except as
referenced in this section, adopted by the State Department of Ecology as
Chapter 173-806 WAC, is adopted by this reference as governing the
implementation of the State Environmental Policy Act in the city. The terms "city",
"Medina" and "City Council" to be inserted therein as appropriate together with
the following:
a. In WAC 173-806-040(1), adopt option 1 and insert "the City Manager or his
delegate";
b. Adopt optional section WAC 173-806-053;
c. Adopt optional section WAC 173-806-070 establishing the following exempt
levels for minor new construction under WAC 197-11-800(1)(b):
L For residential dwelling units in WAC 197-11-800 (1)(b)(i): Up to four
dwelling
ii. For agricultural structures in WAC 197-11-800 (1)(b)(ii): Up to 10,000
square feet.
iii. For office, school, commercial, recreational, service or storage buildings
in WAC 197-11-800 (1)(b)(iii): Up to 4,000 square feet and up to 20
parking spaces.
iv. For parking lots in WAC 197-11-800 (1)(b)(iv): Up to 20 parking spaces.
v. For landfills and excavations in WAC 197-11-800 (1)(b) (v): Up to 100
cubic yards.
d. Adopt optional section WAC 173-806-120(2);
((d})e. In WAC 173-806-130(1), adopt subsections (b)(i) and (ii) as alternate
requirements for notice;
((e))f. In WAC 173-806-130(2), adopt subparagraphs (b) and (c) as alternate
requirements.for notice;
((f))g. In WAC 173-806-140, insert "City Manager or his delegate",
((g))h. In WAC 173-806-160(5), insert "Chapter 18.08 MMC";
((14))i. Adopt WAC 173-806-200 inserting "Fifty Dollars ($50.00)" in section (1).
2. Copies on File. The city clerk is directed to maintain on file for public use and
examination three copies of the sections of the Washington Administrative Code
adopted by this chapter as the model ordinance with the insertions as set out in
subsection (A)(1) of this section, and those further sections adopted by reference
in said model ordinance.
B. To the extent that any provision of the Washington Administrative Code, or any other
law, rule or regulation referenced in sections incorporated by reference in this
chapter is necessary to establish the validity, enforceability or interpretation of these
environmental procedures, then such provision of the Washington Administrative
Code, or other law, rule or regulation, is hereby adopted by reference.
Section 2. Severabil ty. If any section, sentence, clause, or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the validity of any other
section, sentence, clause, or phrase of this ordinance.
2 of 3
Section 3. Effective Date. This ordinance shall take effect five (5) days after
its publication or the publication of a summary of its intent or contents.
PASSED BY THE CITY COUNCIL ON THIS 10 DAY OF SEPTEMBER, 2012 AND
SIGNED IN AUTHENTICATION OF ITS PASSAGE ON THE 10 DAY OF SEPTEMBER,
2012.
Approved as to form:
�J
Kari Sand, City Attorney
Date Passed
Date Published
Date Effective
09/10/2012
oq ft� (,ZO
t2.
OR(l
3of3
Michael Luis, Mayor
Attest:
ache) Baker, City Clerk